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> These are very real, very concrete negative effects of GDPR Your annoyance is misplaced. Don't be annoyed at GDPR: be annoyed at all the companies who have s
by OskarS 8y ago
> These are very real, very concrete negative effects of GDPR
Your annoyance is misplaced. Don't be annoyed at GDPR: be annoyed at all the companies who have spent the last decades building an entire web-infrastructure with zero respect for user privacy. We built massive amounts of technology infrastructure that just assumed that privacy and tracking wasn't an issue. Why do these websites need all these cookies in the first place? If I'm visiting a random blog with no advertising on it, why is it asking my for cookie consent? What possible purpose could that cookie serve, except tracking users?
As an analogy, imagine taking a black-light to a hotel room and realizing that the room is absolutely filthy. Would you be angry at the black-light for revealing the filth to you? Or would you be angry at the hotel, for not properly cleaning up?
If cookie consent forms or GDPR compliance forms annoy you, don't blame GDPR. Blame the sites that have no regard for your privacy and make no effort to comply beyond throwing up annoying prompts.
- kodablah 8y agoThis is how unintended consequences happen. Complaining how rational actors work around roadblocks has no practical effect. Who someone blames has no practical effect. The downside of looking at the intent of the law and assigning blame towards the market is that it encourages doubling down on these negative actions. Why not make popups illegal, they'll say. Why not make it illegal for you to optionally trade your data/tracking for services, they'll say. We need to keep fighting the market's misapplication of our original intent with more codified words, they'll say. Pragmatic realizations of cause and effect are required instead of blame.
- jacquesm 8y ago> Complaining how rational actors work around roadblocks has no practical effect. I'm not sure I agree with the 'rational'. If you are so short-sighted as a company that your main course of action boils down to 'piss off the user' while doing everything you can to skirt the law then you deserve to suffer the longer term consequences. Rationality should operate on all time-frames simultaneously.
- kodablah 8y agoI very much wish incentives were aligned this way. However, as the ad tech sector has shown, consumer apathy is pervasive enough that you can push the envelope quite hard against them before the costs near the benefits. Couple that with the uncertainty of an ever-changing tech landscape (especially considering impending government interference), and optimizing for short term profits is "rational". That's "rational" about money only, morality and sustainability be damned.
- jacquesm 8y agoHence the GDPR, which sort of makes this go full circle. These 'rational actors' are now trying with all their might to do an end-run around the law. It is interesting to see which companies 'get it' and which really don't get it. I suspect - and hope - that five years from now or so the ones that didn't get it will either have changed tack or will no longer be around.
- kodablah 8y agoAlthough they are doing an end-run around the law, I'm not sure they are trying that hard. I suspect the law will become largely ignored (or massively paid lip service just to avoid being the tiniest rare case that is punished), and hope that alternative tech overcomes the entrenched.
- vsl 8y agoEverybody has to do it, so not pissing your users is not an advantage. The other options for them are: block EU visitors (that pisses me even more) or go out of business (because they need the tracking to make at least some ad money from the freeloaders who want to read their content but won’t pay a dime). Saying “just don’t track” is magical thinking. They ARE rational in doing the minimally revenue harming thing to comply in their less lucrative market. The only ones suffering any consequences are people like us who have to click through so much crap to read something because of the bloody GDPR we didn’t ask for. (Like we didn’t ask for Netflix to have 30% of crappy EU content. That’s EU’s next disaster in making.)
- crdoconnor 8y ago>This is how unintended consequences happen. Complaining how rational actors work around roadblocks has no practical effect. Who someone blames has no practical effect. The downside of looking at the intent of the law and assigning blame towards the market is that it encourages doubling down on these negative actions. Bounce rates must be through the roof, especially for clickbait. I'm certain that the market has noticed and will respond to this. I strongly doubt that this persistently annoying popup situation will stick around forever. Ultimately I'm sure some kind of technological solution will emerge - e.g. you set what level of tracking you're happy with on your browser and your browser will fill in the popups for you and report back what the website is doing.
- __m 8y agoThis would only work for automatic opt-in. why would companies, that monetize your privacy stop bugging you unless you close that pop-up manually? I imagine there are a lot of people that use their browser with default settings, so there is a chance they don’t actually care about privacy
- 13years 8y agoThere is also the aspect that apparently there are plenty of people who are completely happy with exchanging data for free services. For example: "No Cash Needed At This Cafe. Students Pay The Tab With Their Personal Data" https://www.npr.org/sections/thesalt/2018/09/29/643386327/no-cash-needed-at-this-cafe-students-pay-the-tab-with-their-personal-data https://www.npr.org/sections/thesalt/2018/09/29/643386327/no...
- howard941 8y agoThe students can't buy coffee from that joint even if they want to: Their money's no good, they only take data. Wow.
- Tsubasachan 8y agoRisky. If you ever run for political office the media will find out how much alcohol you REALLY drank at university.
- scoom 8y agoYou talk as if the GDPR was a win for privacy. It wasn't. It was poorly drafted legislation by people who had no idea what they were doing.
- scrollaway 8y agoYour comment is being downvoted because you're just rambling like an old man grumpy about kids on his lawn. Not a single shred of evidence, or even an attempt at making an actual reasoned point. Every time there's comments like this I can't help but think I'd be extremely surprised if the people writing them knew any of the names of the people who worked on the law. I wonder what you even define as "having an idea what you're doing".
- gepi79 8y agoAnd yet the poster is right for the reason mentioned by the first poster. Most people click on the option that gives quick access to the content. If it creates more than 2 seconds of distraction, I might even close the page. There is no reason to trust the EU legislature regarding the internet after something like this: https://juliareda.eu/2018/08/censorship-machines-gonna-censor/ https://juliareda.eu/2018/08/censorship-machines-gonna-censo...
- scrollaway 8y agoThe poster claims two things: 1. It was "poorly drafted legislation" 2. The authors had "no idea what they were doing" Whether it was poorly drafted legislation remains to be seen. The "unintended consequences" people are talking about here are minor, what matters are the intended consequences such as the augmented rights europeans have over their data, their privacy, etc. I personally don't give a shit about the annoying cookie popups, I'm just glad I can finally delete my account and email address from various websites when I want them gone. GDPR has given me a ton of rights over my data that I should have, and everybody should have. It has given me access to my own data. It has given me the power to delete it. This shit is important, and now it's law. That there's cookie popups because the companies in question suck? I don't care. If it makes you close the page, that's a positive side effect IMO. This shit must be bad for conversion in order for businesses to start getting a clue. It's a version of the "tax on privacy" that a lot of people on HN like talking about. Regarding #2, I dispute that for the same reasons. GDPR is achieving its goals of securing user data in europe. Companies are scared straight into following it so far. There are issues with it (especially a lack of compliance material). None of them point to "the authors had no idea what they were doing". In other words, no, GP isn't "right" just because you have to click off some annoying popups. That's not the only thing GDPR does. Edit: Lacking replies, I'm going to assume those downvoting this comment are the usual no-privacy-apologists who are annoyed they now have to put legalese in front of users and don't ask themselves why they have to.
- 13years 8y agoBut is GDPR really making the kind of difference people wanted? What I see, is that mostly companies continue the same behavior, but now with a disclosure you are prompted to accept. I predicted everyone would just accept those terms in exchange for free services they already have invested into. Now we just have an extra annoyance. Has anything substantially changed?
- idrios 8y agoJust a few hours ago there was an article on the front page about yet another tech giant getting hacked and losing contact info on hundreds of millions of users [1]. A GDPR in the US should have the power to audit companies and ensure compliance, just like the FDA does with health-tech companies. On the user side you might only see the effects of GDPR in the form of cookies that were added as a quick-and-dirty solution for companies that have built an infrastructure whose revenue model requires collecting user information. On the other side, law also gives a vector for the government to step in and demand changes to companies that are fast and loose with user data. If we'd had an effective GDPR in the US, the Equifax breach that lost everyone's social security number may have been prevented and they might have faced some kind of real repercussion when it did happen. Instead, data companies still get to privatize gains and externalize losses. [1] https://news.ycombinator.com/item?id=18117322 https://news.ycombinator.com/item?id=18117322
- JumpCrisscross 8y ago> GDPR in the US should have the power to audit companies and ensure compliance, just like the FDA This is wanton overregulation. All we need is strict liability for data loss. After a few years of watching cases play out in the courts, we can revisit to see if more onerous regulation is required.
- idrios 8y agoI think auditing needs to be part of it too. Otherwise what's to stop companies from just never disclosing data loss? The way I understand it, right now companies intentionally don't look for data breaches so they can claim ignorance if anything comes to light.
- deleted 8y ago[deleted]
- naasking 8y ago> Don't be annoyed at GDPR: be annoyed at all the companies who have spent the last decades building an entire web-infrastructure with zero respect for user privacy. Actually, I think we should be annoyed at browser vendors for letting the problems with cookies get to this point. They're obsessed with backwards compatibility, but sometimes you need to break things to fix a problem. This is one of those times. Consider, what is the greatest lever we have in this scenario? There are hundreds of thousands of companies and billions of users. Measures to change the behaviour of this huge set of people are futile. However, there are only a handful of browsers, and the past few years they're somewhat responsive to user feedback. Browsers are our greatest lever, and the privacy solution will have to come from there. Remove cookies or neuter them significantly, like removing JS access to cookies and/or making cookies opt-in only for sites storing login info. If necessary, add new types of concepts for gathering anonymous analytics data that's guaranteed to respect privacy, and new concepts to specifically store persistent credentials rather than general data and to which JS again has no access.
- rchaud 8y agoChrome is the biggest browser by market share and is maintained by a company whose entire business model revolves around tracking users to feed them ads. They have zero incentive to remove cookies. Same goes for Safari and Edge, even though they're not as dependent on ad revenue. This is a textbook example of negative externalities that can't be solved by market forces. That's where regulators should be stepping in.
- naasking 8y ago> Chrome is the biggest browser by market share and is maintained by a company whose entire business model revolves around tracking users to feed them ads. They have zero incentive to remove cookies. Not true. If they don't do something, legislators are going to impose hamfisted regulation like GDPR which does impact their bottom line and hampers their business. So Google's incentives overlap somewhat with users here. It's possible there's a middle ground in this overlap where the browser includes features specifically for ad-driven content rather than relying on general data load/store mechanisms like cookies which can be easily abused for more nefarious purposes. Although regulation specifically targeting browser vendors to develop such features would also do the job. It's a mistake to try and push this on websites though.
- andrewla 8y agoCounterpoint: be annoyed at GDPR. If a new regulation insisted that on entering a hotel room, a member of the hotel staff had to use a blacklight and you needed to explicitly approve every illuminated mark larger than a quarter, then you would be annoyed at that regulation. There are supposed to be all sorts of other GDPR protections, about rights to be forgotten, about being able to access and selectively remove personal data from an online profile, that I have no idea how to activate. Instead all I get, as a user, is a bunch of consent forms, like the stupid cookie warnings, that I have no idea how to respond to, and no idea what I'm committing to when I click them.
- apexalpha 8y ago>If a new regulation insisted that on entering a hotel room, a member of the hotel staff had to use a blacklight and you needed to explicitly approve every illuminated mark larger than a quarter, then you would be annoyed at that regulation. How about this. For the past 25 years every hotel that you checked into has kept a record of: - How often did you visit? - How much money did you spend? - What type of CC do you have? - Did you watch porn? - If so, what is your favorite type? - Did you pass on dietary restrictions to the chef? - Were you alone? - Did someone other than the person listed as your wife on FB join you for the night? - etc... etc... etc... And then, without your consent, without even notifying you they sold this information to credit score companies, to advertising companies and to whoever the fuck will buy it. Without. Your. Consent. THIS is how the internet works today. Everyone grabs as much data as they can and then sells it to whoever wants to buy it. You have no vote in this. It just happens and it says so in weird legal terms on page 373 section 44 subsection 7a of their 700 page Terms of Service. GDPR gives you this vote. GDPR says: if you want to resell data you harvest you HAVE to get their consent, in clear and understandable terms. Can't bury it in your TOS. GDPR says: you cannot make your website / app / service unavailable if people refuse this. GDPR says: you can ask companies how much and which data they got on you and they have to provide it. GDPR protects you from an invisible industry many people don't even know exists.
- TomMarius 8y ago> And then, without your consent, without even notifying you they sold this information to credit score companies, to advertising companies and to whoever the fuck will buy it. > Without. Your. Consent. I'm really sure that every hotel has its terms of services. So does Facebook and every other site. What you described has always been illegal, and it has also never happened. What was sold was composed of data according to the terms of service that every person included agreed with. If agreement isn't consent, what is?
- malvosenior 8y ago> Don't be annoyed at GDPR: be annoyed at all the companies who have spent the last decades building an entire web-infrastructure with zero respect for user privacy. What about people who had absolutely no issue with the tracking and "privacy" concerns? I don't care if advertisers target me. If I do care, I use incognito sessions. I'm happy with all the free services I get on the internet and I don't mind giving them a bit of information about myself especially since I've literally never clicked on an ad, ever, so their efforts aren't even effective. I think there's a small minority of people who care about this stuff, they just had loud voices and the ability to push global legislation through to make everyone else's life more difficult.
- KozmoNau7 8y agoGood, you can opt in to tracking and profiling, if you wish. The rest of us would rather abolish this flagrant abuse of personal information.
- nybble41 8y ago> Good, you can opt in to tracking and profiling, if you wish. What we wish is to be able to opt-in once and for all, to get rid of these incessant interstitial pop-ups sprouting like mushrooms across the Internet. Perhaps we could introduce a new HTTP header X-GDPR-Consent-Granted, controlled by a checkbox in the browser, to explicitly acknowledge that yes, we know that anyone we interact with online is going to learn various things about us, some of which may be quite personal; that we accept this; and would you please just get out of the way and let us read the article we came here for already? If the intent was that anyone can decline without any change in service they should have just declared consent irrelevant. No one wants to be accosted 50 times a day for something so trivial, and the answer is obvious—the law prohibits offering any incentive to consent, so the only reason for anyone to grant consent is that they didn't understand the question.
- miracle2k 8y agoI think the way this would play out is that sites would attempt to only respect the header if consent is granted, and would prefer to still show the popup to those who set a header indicating to deny consent. In that case, it would be interesting to see what percentage of users are willing to deal to trade their data in exchange for being not bothered. I would guess though that businesses would be wary that supporting such a header would legally put them in a position to also support a deny version of it.
- ryandrake 8y agoThe fact that companies can simply continue what they have always been doing “but with pop ups” is evidence that the GDPR did not go far enough. Also, still waiting for the first major company-wrecking GDPR fine everyone was losing their minds over... any day now. There are doubtless plenty of companies still in violation.
- Thu27Sep 8y agoI don't really care where is my annoyance aimed at, I just don't want to be annoyed. All websites use cookies to track users. In this context getting consent is noise.
- gok 8y agoThe cost of determining the tracking behavior of every dependency of every part of your web site is prohibitive. Can you be sure that every hosted font and JavaScript framework you use is hosted on a server that isn't, say, logging IP addresses? Why bother? It's much easier to just throw up a warning popup, which users universally dismiss.
- kentm 8y agoI would argue that you should be able to and then follow that up as to why its prohibitive (and what prohibitive means)? At least on the library side, there tends to be a default-to-trust to the point where large projects put dependencies on libraries that are built by literally one-guy-with-a-github. I posit that developers should be more critical of including dependencies, and factors like "can we guarantee support" and "how do we know it doesn't have malware, both now and in the future, and who can we hold responsible if it does" should be considered for every dependency we add. As it is, I find a lot of developers will uncritically slurp in any dependency or library that saves them a bit of effort. If the tooling isn't there to help with this problem then it should be built.
- beaner 8y agoMost of these sites do have high regard for your privacy. It's not all for ads. Much of it is just for tracking logins and preferences, but warnings for that are required now too.
- kybernetikos 8y agoIt's probably not true that warnings are required for tracking logins and preferences: > The GDPR sets a high standard for consent. But you often won’t need consent. If consent is difficult, look for a different lawful basis. > https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/ https://ico.org.uk/for-organisations/guide-to-the-general-da... In most circumstances, I would expect things like logins to fall under the 'legitimate interests' basis rather than the 'consent' basis, and interestingly, if login is required to provide service it shouldn't fall under consent anyway. I think the majority of the consent popups I've seen do not in fact comply with my reading of the GDPR. It's strange, but apparently people don't read the legislation or guidance before making these changes to their sites.